5 U.S. Code § 5531 - Definitions

(1)“member” has the meaning given such term by section
101(23) of title
37;

(2)“position” means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (including a Government corporation and a nonappropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia;

(3)“retired or retainer pay” means retired pay, as defined in section
8311(3) of this title, determined without regard to subparagraphs (B) through (D) of such section
8311(3); except that such term does not include an annuity payable to an eligible beneficiary of a member or former member of a uniformed service under chapter
73 of title
10;

(4)“agency in the legislative branch” means the Government Accountability Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Office of the Architect of the Capitol, the United States Botanic Garden, the Congressional Budget Office, and the United States Capitol Police;

(5)“employee of the House of Representatives” means a congressional employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives;

(6)“employee of the Senate” means a congressional employee whose pay is disbursed by the Secretary of the Senate; and

(7)“congressional employee” has the meaning given that term by section
2107 of this title, excluding an employee of an agency in the legislative branch.

In paragraph (2), the defined word “position” is substituted for “civilian office.” The words “Government corporation” are substituted for “corporation owned or controlled by such Government” in view of the definition in section
103.

The definitions of “uniformed services” and “armed forces” are omitted as unnecessary in view of the definitions in section
2101.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

“(1) Except as provided in paragraph (2) of this subsection, the amendments made by this section [amending this section and section
5532 of this title] shall apply only with respect to pay periods beginning after the effective date of this Act [see Effective Date note set out under section
1101 of this title] and only with respect to members of the uniformed services who first receive retired or retainer pay (as defined in section
5531(3) of title
5, United States Code (as amended by this section)), after the effective date of this Act.

“(2) Such amendments shall not apply to any individual employed in a position on the date of the enactment of this Act [Oct. 13, 1978] so long as the individual continues to hold any such position (disregarding any break in service of 3 days or less) if the individual, on that date, would have been entitled to retired or retainer pay but for the fact the individual does not satisfy any applicable age requirement.

“(3) The provisions of section
5532 of title
5, United States Code, as in effect immediately before the effective date of this Act, shall apply with respect to any retired officer of a regular component of the uniformed services who is receiving retired pay on or before such date, or any individual to whom paragraph (2) applies, in the same manner and to the same extent as if the preceding subsections of this section had not been enacted.”

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